Incoterms 2010

Incoterms are standard trade definitions most commonly used in international sales contracts. Devised and published by the International Chamber of Commerce, they are at the heart of world trade.

Among the best known Incoterms are EXW (Ex Works), FOB (Free on Board), CIF (Cost, Insurance and Freight), DDP (Delivered Duty paid), and CPT (Carriage paid to).

ICC introduced the first version of Incoterms - short for "International Commercial Terms" - in 1936. Since then, ICC expert lawyers and trade practitioners have updated them six times to keep pace with the development of international trade.

Most contracts made after 1 January 2011 will refer to the latest edition of Incoterms, which came into force on that date. The correct reference is to "Incoterms 2010". Unless the parties decide otherwise, earlier versions of Incoterms - like Incoterms 2000 - are still binding if incorporated in contracts that are unfulfilled and date from before 1 January 2011.

Versions of Incoterms preceding the 2010 edition may still be incorporated into future contracts if the parties so agree. However, this is course is not recommended because the latest version is designed to bring Incoterms into line with the latest developments in commercial practice.

EXW - EX Works

"Ex Works" means that the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or at another named place (i.e.,works, factory, warehouse, etc). The seller does not need to load the goods on any collecting vehicle, nor does it need to clear the goods for export, where such clearance is applicable.

The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the costs and risks to that point are for the account of the seller. The buyer bears all costs and risks involved in taking the goods from the agreed point, if any, at the named place of delivery.

EXW represents the minimum obligation for the seller.

Quelle: Incoterms® 2010-Publikation, Englisch-Deutsch, Einleitungstext zur EXW-Klausel, Copyright ICC

FCA - Free Carrier

"Free Carrier" means that the seller delivers the goods to the carrier or another person nominated by the buyer at the seller’s premises or another named place. The parties are well advised to specify as clearly as possible the point within the named place of delivery, as the risk passes to the buyer at that point.

If the parties intend to deliver the goods at the seller’s premises, they should identify the address of those premises as the named place of delivery. If, on the other hand, the parties intend the goods to be delivered at another place, they must identify a different specific place of delivery.

FCA requires the seller to clear the goods for export, where applicable. However, the seller has no obligation to clear the goods for import, pay any import duty or carry out any import customs formalities.

Quelle: Incoterms® 2000-Publikation, Einleitungstext zur FCA-Klausel, Copyright ICC

CPT - Carriage paid to

"Carriage Paid To" means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between the parties) and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.

When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.

Quelle: Incoterms® 2010-Publikation, Deutsch-Englisch, Einleitungstext zur CPT-Klausel, Copyright ICC

CIP - Carriage Insurance paid to

"Carriage and Insurance Paid To" means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place (if any such place is agreed between the parties) and the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.

The seller also contracts for insurance cover against the buyer’s risk of loss of or damage to the goods during the carriage. The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.

When CPT, CIP, CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.

Quelle: Incoterms® 2010-Publikation, deutsch-englisch, Einleitungstext zur CIF-Klausel, Copyright ICC

DAT - Delivered at Terminal

"Delivered at Terminal" means that the seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port or place of destination. "Terminal" includes any place, whether covered or not, such as a quay, warehouse, container yard or road, rail or air cargo terminal. The seller bears all risks involved in bringing the goods to the unloading them at the terminal at the named port or place of destination.

Quelle: Incoterms® 2010-Publikation, Deutsch-Englisch, Einleitungstext zur CIP-Klausel, Copyright ICC

DAP - Delivered at Place

"Delivered at Place" means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination. The seller bears all risks involved in bringing the goods to the named place.

Quelle: Incoterms® 2010-Publikation, Deutsch-Englisch, Einleitungstext zur CIP-Klausel, Copyright ICC

DDP - Delivery Duty paid

"Delivered Duty Paid" means that the seller delivers the goods when the goods are placed at the disposal of the buyer, cleared for import on the arriving means of transport ready for unloading at the named place of destination. The seller bears all the costs and risks involved in bringing the goods to the place of destination and has on obligation to clear the goods not only for export but also for import, to pay any duty for both export and import and to carry out all customs formalities.

DDP represents the maximum obligation for the seller.

Quelle: Incoterms® 2010-Publikation, Deutsch-Englisch, Einleitungstext zur DDP-Klausel, Copyright ICC

FAS - Free alongside Ship

"Free Alongside Ship" means that the seller delivers when the goods are placed alongside the vessel (e.g., on a quay or a barge) nominated by the buyer at the named port of shipment. The risk of loss of or damage to the goods passes when the goods are alongside the ship, and the buyer bears all costs from that moment onwards.

Quelle: Incoterms® 2000-Publikation, Einleitungstext zur FAS-Klausel, Copyright ICC

FOB - Free on Board

"Free on Board" means that the seller delivers the goods on board to vessel nominated by the buyer at the named port of shipment or procures the goods already so delivered.

The risk of loss of or damage to the goods passes when the goods are on board the vessel, and the buyer bears all costs from that moment onwards.

Quelle: Incoterms® 2000-Publikation, Einleitungstext zur FOB-Klausel, Copyright ICC

CFR - Cost and Freight

"Cost and Freight" means that the seller delivers the goods on board the vessel or procures the goods already so delivered. The risk of loss of or damaged to the goods passes when the goods are on board the vessel.

The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.

When CPT; CIP; CFR or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner specified in the chosen rule and not when the goods reach the place of destination.

Quelle: Incoterms® 2010-Publikation, Einleitungstext zur CFR-Klausel, Copyright ICC

CIF - Cost Insurance Freight

"Cost Insurance and Freight" means that the seller delivers the goods on board the vessel or procures the goods already delivered. The risk of loss of or damage to the goods passes when the goods are on board the vessel. The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.

The seller also contracts for insurance cover against the buyer’s risk of loss of or damage to the goods during the carriage. The buyer should note that under CIF the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have more insurance protection, it will need either to agree as much expressly with the seller or to make its own extra insurance arrangements.

When CPT; CIP; CFR; or CIF are used, the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner specified in the chosen rule and not when the goods reach the place of destination.

Quelle: Incoterms® 2010-Publikation, deutsch-englisch, Einleitungstext zur CIF-Klausel, Copyright ICC

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